The Court of Appeals October, November, and December 2017 Session Leave Grants

With the start of the 2018-19 term right around the corner, it’s time to continue my quick look at the cases the Court of Appeals will be hearing during this upcoming term. First were the appeals as of right from the 2017-18 term. Then I previewed the appeals as of right on the SSM track that will be decided without oral argument.

Now I’m back to the cases in which the Court of Appeals granted leave to appeal. I previewed the September 2017 session leave grants a while ago, and up now are the grants from the October, November, and December 2017 sessions.

October Session Leave Grants

Niagara Mohawk Power Corp. v Allied Healthcare Products, Inc., 137 AD3d 1539 (3d Dept 2017)

Questions presented: Whether an affirmative covenant to provide free power to manufacturing facilities on property now owned by defendant Allied Healthcare Products is unenforceable as a burden in perpetuity, whether plaintiff and defendant Albany Engineering are equitably estopped from challenging covenant, and whether defendant Allied Healthcare Products abandoned the power covenant.

Supreme Court, Albany County, among other things, granted the motion of defendant Allied Healthcare Products for summary judgment dismissing, among other things, the second amended complaint against it. The Appellate Division, Third Department reversed, denied the motion of defendant Allied Healthcare Products for summary judgment, granted the motions of plaintiff and defendant Albany Engineering Corporation for summary judgment, and declared that the power covenant at issue is unenforceable. Supreme Court thereafter denied plaintiff’s motion to allow further proceedings to adjudicate the scope of its recoverable damages.

Matter of Eastbrooke Condominium v Ainsworth, 147 AD3d 1510 (4th Dept 2017)

Questions presented: Whether condominium unit owner’s authorization to condominium’s board of managers to act as an agent in proceeding challenging tax assessment for a particular tax year authorizes the board to act as unit owner’s agent for a different year, and whether respondents waived any deficiency in unit owners’ authorizations.

Supreme Court, Monroe County, granted the petitions under Real Property Tax Law article 7 to the extent of reducing the tax assessments for the challenged years, but limited the condominium unit owners entitled to tax refunds. The Appellate Division, Fourth Department affirmed.

November Session Leave Grants

Matter of T-Mobile Northeast, LLC v DeBellis, 143 AD3d 992 (2d Dept 2016)

Questions presented: Whether cellular telephone equipment housed on rooftops in petitioner’s service area are taxable real property under RPTL 102(12)(i) or RPTL 102(12)(b), and whether application of RPTL 102(12)(i) to certain components of petitioner’s cellular telephone equipment violates petitioner’s right to equal protection.

Supreme Court, Westchester County, denied the petition and dismissed the proceeding. The Appellate Division, Second Department affirmed.

December Session Leave Grants

Matter of DeVera v Elia, 152 AD3d 13 (3d Dept 2017)

Question presented: Whether a public school district can impose regulations on a charter school to obtain state funding for pre-kindergarten programming under Education Law § 73 as a partner in the school district’s consolidated application to the New York State Department of Education.

Supreme Court, Albany County, dismissed petitioners’ application in a CPLR article 78 proceeding, to review a determination of respondent Commissioner of Education partially dismissing petitioners’ challenge to certain conditions imposed upon their receipt of certain state funds. The Appellate Division, Third Department reversed, granted the petition, annulled that part of the determination upholding certain conditions imposed upon petitioners’ receipt of certain state funds, and remitted the matter to respondent Commissioner of Education for further proceedings not inconsistent with the decision.

Matter of Mancini v Office of Children and Family Services, 151 AD3d 1494 (3d Dept 2017)

Question presented: Whether compensation benefits awarded for impairment of wage-earning capacity pursuant to Workers’ Compensation Law § 15(3)(v) are subject to the durational limitations of Workers’ Compensation Law § 15(3)(w).

The Appellate Division, Third Department affirmed the decision of the New York State Workers’ Compensation Board, which ruled, among other things, that claimant was entitled to workers’ compensation benefits pursuant to Workers’ Compensation Law § 15(3)(v).

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